Levin held on $1M bond

January 9, 2013

SAC CITY - An Early man accused of killing his mother will remain in jail on $1 million bond.

Kirk R. Levin, 21, is facing first-degree murder charges in the death of his mother, Marilyn Schmitt, 45. He allegedly stabbed and choked her early Thursday morning, less than 36 hours after he had been released from prison on a burglary conviction.

The crime happened at Schmitt's farmhouse, 2242 Ira Ave. in Early.

Article Photos

Kirk Levin, left, listens in Sac County Magistrate Court as Magistrate Judge Warren Bush decides Levin’s bond. Levin has been charged with first-degree murder in the death of his mother, Marilyn Schmitt. Levin’s attorney, Charles Kenville, and Sac County Attorney Ben Smith are at the right. Sac County Sheriff Ken McClure, left, looks on with another deputy.

"Since the age of 17 the defendant has either been in prison or on probation," Smith said. "He also has zero ties to the community. He didn't grow up here, and aside from his maternal grandparents, his only tie to the area was his mother, who he is accused of killing."

Smith added that Levin is also facing kidnapping and assault charges for allegedly holding a 21-year-old Storm Lake woman against her will and tying her up in his mother's farmhouse.

Levin was charged with assault with intent to commit sexual abuse, assault while participating in a felony and third-degree kidnapping in that case.

His bond was set at $200,000.

Levin's attorney, Charles Kenville, of Fort Dodge, said no matter what the court's decision was, his client would likely stay in jail.

"Obviously the $200,000 he was being held on is out of reach for my client," he said. "I don't believe he'll be able to meet any bond the court sets."

Bush set Levin's bond at $1 million, citing his criminal record and the details of the crime he allegedly committed. He also said, if Levin is able to post bond, home confinement would be required.

"If the defendant is released on bond, it's important his whereabouts be maintained," Bush said.

A bond review that had also been scheduled for Tuesday was canceled after the murder charge was filed. As a result, Levin's bond in the assault and kidnapping case remains at $200,000.

He also scheduled a preliminary hearing for Jan. 18, though he said it's likely the case will be sent to District Court before that point.